The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-14
Concerning Certain Water
Rights They Have.
THE U. s. AND BEHRING SEA.
The Rights Acquired by Russia-To
Suppress George Francis Train
Horrible Crime.
BEHRING SEA.
The United States Governments Right
to Dominion.


OTTAWA, Ont, October 13.-Govern
ment here is in receipt of advices from
SItka which contain the brief understood
to have been prepared in Washington
and filed in the court at Sitka by A. K.
Delaney, as counsel for the United
States in the latter's claim of exclusive
dominion over Behring Sea, as brought
out in the existing seal fisheries
dispute. Delaney takes the posi-
ton that Behring Sea is not
a portion of the open or high sea, but is
an inland water, cut off from the ocean
and essentially land locked. The asser-
ton that the United States upholds the
idea of the three mile limit in the At
lantic Ocean and opposes the same idea
in the Pacific is disposed OF by Delaney
as follows: Concerning the doctrine o.
international law establishing what IS
known as the marine league belt which
extends the jurisdiction of a ma
ton into adjacent seas for the
distance of one marine league, or three
miles from its shores, and following all
the indentations and sinuosities of its
coast, there is at this day no room for
discussion. 1t must be accepted as the
settled law of nations. 1t is sustained
by the highest authority, law writers
and iurists. 1t has been sanctioned by
the United States since the foundation
of the government. Well grounded as
is this doctrine of the law of nations it
is no more firmly established as part
of the international code than that
other principle which gives to a
nation supremacy, jurisdiction, AID
dominion over its own inland
waters, CULTS, bays and seas.
If the sea is entirely enclosed by the
territories OF a nation and has no other
communication with the ocean than by
a channel of which that nation may
take possession it appears that such
sea is no less capable of being occupied
and becoming properly than the land
and it ought to follow the fate OF the
country that surrounds it. The Medit-
erranean / in former times, was abso-
lutely incl osed within the territories of
the Roman Empire and that people, by
rendering themselves masters of the
strait which joins it to the ocean might
subject the Mediterranean to their
empire and assume the dominion
over it. They did not by such
proceeding iujure the rights OF other
nations in particular, particular sea
being manifestly designed by nature for
the use OF the countries and nations
that surround it. Delaney then makes
numerous references to prove that Rus
STA always asserted that Behring Sea
was an inland water and that the
United States has always maintained
the same position since she acquired
the title. The brief then goes on TO
state how Russia's title was based on
discovery and settlement and
and how the United States &C
quired its title The treaty between
the United States and Russia SIS
germane to the questions involved in
the case, is quoted in full. In conclu
sion, DelAHey SAYS: The foregoing
record may convey but meagre idea
of the indomitable energy, and per
severance displayed by the Russian
people in acquiring empire in North
America, beginning with the discoveries
of Behring in 1923, and extending for
more than century and quarter,
wherein they braved the perils of land
and sea, oVercame the savage native
population, faced ice and snow, storm
and shlpwrecks to found and maintain
an empire on these rugged shores.
Enough has been said to dis
close the basis of Russia's right
to the jurisdiction of Behring Sea, un-
der the law of nations, viz: original
possession of the Asiatic coast, followed
by the discovery and possession of the
Aleutian chain and the shores of
Alaska north, not only to Behring
Strait, but to Point Barrow and the
frozen ocean, thus enclosing within its
territory, as within the embrace of
mighty giant, the islands and waters of
Behring Sea; and with this the asser-
ton and exercise OF dominion over land
and sea. Such is our understanding of
the law; such is the record. Upon them
the United States are prepared to abide
the judgments of the courts and the |
opinion of the civilized world"